still at the table at this hour--- workers agreed to kp because of all of our concern about the public interest i'm authorized to announce the trains will run. >> bart and union still at the table at this hour. workers agree to keep trains running while talks progress. good morning. it's tuesday, october 15th. i'm michelle greigo. >> i'm frank malca. breaking news. magnitude 3h quake hitting berkeley hills around 1:07. hundreds of people went to the u.s. geological survey website to report they felt it. there were after shocks. 2.7 and 2.6 about an hour later. this quake happened two days before the

24th anniversary of the deadly loma earthquake here in the bay area. earthquake information a little harder to come by because of the partial government shutdown now. the u.s. geological survey is one of the agencies closed until that budget stalemate ends. breaking news on bart as well. the trains are running again this morning. that does not mean the threat of a strike is over. kate is at the head quarters in oakland where talks are now in their 15th hour. kate. >> reporter: it's been quite a long night. talks are still going on inside the cal tran building behind me. just after 1:00 a federal mediator delivered good news. first that progress was being made at the bargaining table and second bart trains will be running today. >> under our agency the parties have been actively engaged in

bargaining. the bargaining has produced some constructive and productive progress. i am authorized by the parties to say they are prepared to continue negotiations through the night. >> reporter: last night all signs were pointing to what could have been another bart strike today. bart management gave no indication they were willing to budge on a so-called last, best and final proposal presented to the unions over the weekend. the unions claimed it would take some sort of hail mary to avert any type of strike. judging by that announcement made just hours ago that hail mary actually did happen. now the two sides hopefully are gaining ground as you mentioned they are in their 15th hour of these negotiation talks. >> do we know anything more about the proposals on the table? >> reporter: as far as i know i know the union did offer a

counter proposal to that take it or leave it offer. by late last night there was no clear intention they they were willing to budge on those numbers. there has to have been some kind of change made, given or judging by the announcement. >> hopefully we'll see what happens later today. >> salaries aren't the only thing the two sides can't agree on. there's a lot more to it than just money. >> reporter: from the union's perspective they're not just upset about details they're angry about the way bart management has been treating them. from the management's perspective they want to revisit the work rules. >> the area commuters are not thrilled about an impending strike. >> frustration. >> bart said it's necessary to talk tough because some of the work rules are out of date. >> if you have been faxing we can't ask you to e-mail it

without a mutual agreement. >> bart said its train operators don't work a full shift but only make two round trips, about 4.5 hours of actual work per shift but still get paid their full 8 hours. also from now on bart said it wants to pay over time only after 40 hours. >> currently it bart you can call in sick or not show up on the day you're scheduled to work and come in on a regular day off and get over time even though you haven't worked 40 hours. >> it's a shame. they only speak about jamming in the union's throat. >> the union is focused on bart management's behavior. >> of course it bothers or members when they get attacked in the press. so people are going to be upset with that. i think with 400,000 trips per day everyone should be offended. >> just make sure we have bart in the morning. i have school to go to. >> for more updates on negotiations throughout the day

just check out our strike survival guide at kpix.com. don't look towards transit to around. those employees announced they could walk off the job on thursday. mark kelly is live. >> reporter: commuters have been under enough stress with bart. now this. ac transit has given its 72 hour notice to strike. that means come thursday morning buses here at the ac transit center may not be running. this will halt bus services. of course, there's a chance a deal could get hammered out before thursday morning. it's not looking likely. there's no meetings on the calendar to negotiate at this point. of course, with the bart strike looming too, the timing is horrible. so we asked the ac transit union if there's any connection between their strike and barts. >> it could be a coincidence.

our strike notice is not time ed d for the bart negotiations. the bart negotiations are totally separate from the negotiations that ac transit and local 192 has. >> reporter: so this 72-hour notice to strike came after ac transit workers rejected not one but two contract proposals, michelle. >> what is ac transit's response to the strike notice? >> reporter: well, at this point we reached out to them. they aren't giving any comment at this time. >> okay. mark kelly live in san francisc. thank you. one guy that's not on strike is our weather department. >> we're going to get it better today. it's a beach day if you want to go to it. going to be great weather around the bay area to the coastline. sunshine on tap. a little cool to start if you're headed out the door. the temperatures in the 40s in some spots. mostly clear sky with that offshore wind developing. so far not a strong

offshore so that's good news. no major fire danger, just typical for this time of year. nice and clear. looks like a gorgeous day in san francisco. 51 in san jose, 54 in san francisco and 54 in concord. at the beaches 77 in san francisco, 82 in livermore, about 79 degrees in san jose. should be a gorgeous day. let's check on your traffic with elizabeth. thank you. looking gorgeous. the bay bridge toll plaza looks good. it is 4:07 in the morning but over all not too bad. coming into san francisco, in fact everywhere you go, no big hot spots or major accidents. 14 minutes out of hayward. a live look up and

down the freeway, 880 in oakland. our big story is bart. all trains running on time. they should have about 20 on schedule. that's traffic. >> thanks. a trip le shooting in san francisco's hayes valley has left one person dead and two seriously wounded. it happened around 7:30 in the 400 block of rose street. police are interviewing witnesses and the victim to get the suspect's descriptions. work will resume this morning at the 49ers new stadium while investigators look into how a workerer was killed during a delivery. the second deadly accident at the stadium in just a few months. >> the view from chopper 5 shows a long bundle of rebar that full off the left side of the truck. the blue forklift was unloading the steer rods when it tumbled off the plat bed at 6:30. 50 year old edward late junior went to the hospital with critical injuries and pronounced dead. a neighbor who didn't want her face shown said

he was a helpful friend. >> i still don't believe it. he was just a really great guy . a selfless person. he helped me move when i was pregnant, helped my husband on the house. he likes getting up early. he liked it. >> santa clara police say it was an accident. crews were stunned. work on the $1.2 billion stadium stopped for the day. >> at first it was shock. then it was tragic. we had a fellow coworker lose their life. i think that sank in really quick. it's pretty emotional. i mean, it's banged up in there. >> back in june donald white was struck and killed by a counter weight. >> the safety on the job site is not being upheld to today's

standards, or is it truly a freak accident? >> an all hands meeting will take place this morning before work resumes. grief counselors will also be available. another scare at lax. three devices exploded in a restroom. the same thing happened on monday. nobody hurt and no flights were delayed. al-liby is in new york now awaiting trial. he was captured by a u.s. command 10 days ago. he suffers from hepatitis c and began refusing food and water. he's said to have helped plan the 1998 bombings of two american embassies in africa. lawmakers return to capitol hill this morning. this is the 15th day of the government shutdown. now there's a grimmer of hope.

>> this is. harry reid and mitch mcconnell e have come up with a plan. >> senate republicans meet this morning to review a deal that could end the government shutdown and avoid a default. >> i think it's safe to say we've made substantial progress. we look forward to making more progress in the near future. >> the plan would reopen the government and fund it through january 15th. it would also raise the debt ceiling through february 15th. >> this will give us a fine work to move our nation ahead without threatening default, without keeping the government shutdown. >> this is positive. >> in addition both sides would appoint negotiators to cut the deficit by december 15th. democrats want to replace is sequester. for republicans, a fraud prevention plan to verify income levels for people buying health care insurance under obamacare. >> we're doing our best to make

everybody happy. everyone knows we're not going to be able to do that. >> getting a deal through the senate is one thing. getting it through the house could prove much tougher. >> there's going to be a lot resistance along the tea party republicans who believe they're getting cheated. >> house gop members meet behind closed doors to talk about details of the plan. >> a number of senators say they hope top pass the plan with bipartisan support. the shutdown is keeping most irs workers at home. that doesn't mean off the hook for your taxes. if you got a 6 month extension in april, today is your deadline to file. don't expect a refund right away. 4:12. macey's is doing something they've never done before for the holidays.

a train rams a driver not once but twice. come back to see what happens next. ,,,,,,,,

utah...where a police offic tries to rescue a driver w's car has been hit by a train... a second train comes along d hit the car again... amazin the driver suffered only a broken arm. we're learning more this morning... about how a san francisco man survived in wilderness for nearly three weeks. a group of hunters found the missing man saturday... dee the mendocino national fore. cbs reporter ben tracy show: he's doing well, despite the conditions he endured. pic in the hospital up the e time/wilderness pic) 72-yead gene penaflor was finally reunited with his family saturday. hours after he was spotted in the wilderness of northern california. (sot: sharon bura/penaflor's niec (cbs hiker material hrem07 "my husband came into the rm and they were like they fou uncle gene alive!!! and i w like what! what! and as soo i heard that i started cryi because i was just so happyt he was safe." (wilderness pic/hunting pics) the ordeal began last month deep tional forest. spotted in the wilderness of northern california. >> my husband comes into the room. he's like they found uncle jean alive. i was like what. as soon as i heard that i just started crying.

i was happy he was safe. >> he split from his hunting partner and later fell and blacked out. >> when we heard the news it was devastating. it's as if somebody took our hearts and stepped on it. so we felt helpless. >> nearly 28 agencies spent 4 days looking for him. with the storm moving in and no sign of the missing hunter the search was called off. for 19 days a lover of the out doors survived on the skills he knew. >> to keep himself warm he gathered up dry leaves and slept underneath it and also ate squirrels, lizards, algae from the water to survive. >> a search team headed out again on saturday. it was a group of hunters who happened to hear his cries for help. >> they found him and they made a gurny from their jackets and

hoisted him up the road. >> he was found surprisingly in good condition. >> he's great. he's happy to be home. just telling us his stories. >> just as if he took a long vacation and came back with a beard. >> ben tracy. >> quite the story to tell . the sheriff's office said he was found about 3 miles from where he disappeared. >> 72. unbelievable. a bay area bh that's been closed for a decade is finally back up. point malate beach park offering sweeping views of the richmond sand rafael bridge. a budget crisis in '03 forced the city to shut it down. it reopened monday after volunteers helped to clean it up. >> just exciting. just a special time for me right now. a special day. i need ed ed to come and get a little bit of this beauty and this kind of peace. >> the department of public works installed new picnic tables you see there, barbecue along with a wheelchair path and parking lot. very pretty. >> i know. >> that's

a good place to hang out today. >> yes. just about anywhere in the bay area. >> just going to the coastline. >> i'm going to the beach today. very few days like this anymore. enjoy it while we have it. we have changes coming up towards the end of the month. indeed looks like a great day ahead. plenty of sunshine. offshore winds will be blowing e . that means we'll get great weather even at the beaches today. the high pressure ridge continueds to build in over head. nice clear skies. if you're headed out the door it's chilly in spots. dropping down into the low 40s in the north bay valleys. down to 41 in santa rosa, 51 san jose, 49 degrees in livermore. still as we head throughout the day you'll see plenty of sunshine and warm temperatures everywhere you go. then looks like it will be staying dry through the weekend. the temperatures probably cooling down a little bit. maybe a few more clouds come anything our direction. fairly calm. we're seeing more of an easterle component of the winds as we got that offshore flow in effect.

so looking like a great day ahead as that offshore wind will continue at least for one more day. that ridge will move in further on shore and we will see more of a sea breeze kicking many. it's going to hang around not only this week but probably next week as well. we're enjoying nice weather now before we start to get into wintery type weather. 83 in sacramento, 76 degrees in the moterag bay. 79 san jose, 81 moregan hill, 74 ina -- in pacifica. plenty of 70s and sunshine. great weather ahead today. tomorrow may be slightly warmer. then we'll start to see a few more clouds

move in come thursday. i think the temperatures cooling slightly as we head in towards the weekend. let's check out your traffic now with elizabeth. thank you. outside we go. we're getting a check of the mass transit anyway. so far everything is on time. the bart drama continues. still no deal. at least trains are running this morning. no delay with about 14 trains all on time. caltrain and ace also should be all on schedule so far this morning. here's a live look outside. very quiet. 4:19 this morning. no big hot spots. a lot of green on our traffic sensors, including the interchange. a couple of yellow ones towards 680. west side, the drive time is 14 minutes. so all clear so far through the livermore valley. getting a live look outside. here's a look at the golden gate bridge. they should be doing lane changes shortly. traffic is slow nice coming into

san francisco. over all nice commute. that's the latest from here. back to you. >> thank you. four bay area power players are on fortunate magazines list of the 25 highest paid women. oracle president tops the list earning $43 million next to yahoo ceo marisa meyer at $46 million, facebook ceo is third at $26 million. well, you can add macey's to the list of stores that will open thursday on thanksgiving night. gigi stone has more. >> the stocks rose high est est level in 5 months. top senate leaders say they're within strike us distance of an agreement. the u.s. is two days away from running out of money to pay bills.

still investigators are inspected to stay cautious. yesterday the dow finished 64 points higher t nasdaq was up 23. we'll get corporate earnings reports johnson and johnson. >> starting this spring angela orance will over see apple's online stores. she helped burberry triple to nearly $3 million. christopher bailey will take over. thanksgiving no longer a full day of rest. after 155 years of being closed on the holiday macey's is going to open its doors at 8:00 p.m. to give customers a jump start on their shopping. macey's is facing growing pressure from other stores pushing deals on that

holiday. that's your money watch. i'm gigi stone. sir paul mccartny's first ol al album in 6 years is new. the former beatle is 71 now believe it or not. he teamed up with four producers for the record. it's on sale today. i'm kim coil. hitless in the ncls, finally gets to celebrate in style. that's coming up in sports. we are monitoring bart negotiations. training are rolling for now. if they decide to strike we will bring the latest here and online at kpix.com. ,,,,,,,

bart trains are running this morning. that's great if you're about to start your morning

commute. golden gate bridge traffic is light. no metering lights. the san jose bridge about 13 minutes to get through. more traffic in just a few minutes. a record breaking winner. clocking in at 1,985 pound gary millers is the biggest in contest history. good morning. the dodgers found out that stanley ramirez has to play with a cracked rib. he was in the line up and went 2 for 4. the dodgers up a run against adam wayneright. puge thought it was a homerun.

not so is fast. it was just a triple. 7 shut down innings. dodgers win 3-0. the cardinals still have a 2-1 series lead. andrew luck and the colts must have left their game at home against the chargers. the only touchdown of the night was courtesy of another pac 1 sir, keenan allen. they took up for his first career score. 7-3 chargers. it's 19-9 san diego in the 4th. luck trying to engineer a come back. his tap is intercepted by derek cox. luck losing his monday night debut. flint will start next week for buffalo. the raiders still oh him $6.5 million this season. that's it for sports. make it a great tuesday. 4:25. a girl suspended for being a girl's designated driver. why the school is

sticking to its punishment. >> reporter: live in oakland. bart and the union in negotiati. another tragedy averted for now. the details coming up. ,,,,,,,,,, the great american novel.

so you can happily let life get in the way, while planning for tomorrow. so you can finish the great american novel

banking for the life you have investing for the life you want chase. so you can this is kpix 5 news. >> we're live in oakland this morning. another bart strike is averted as the two sides work well into the morning hours to finalize a deal. >> first bart, now ac transit is set to strike. coming up, what this new announcement means for your commute. >> yesterday was nice, today could be even nicer. we'll talk about it coming up. >> we just checked in with bart. 20 trains are all on time. >> and good morning, it's tuesday october the 15th. i'm frank mallicoat. >> and i'm michelle griego. breaking news overnight. a 3.2 earthquake rattled the berkeley hills just after 1:00 this

morning. hundreds of reports of people feeling it. an hour later a 2.7 aftershock hit. and a few minutes later a 2.6 quake. no reports of damage or injuries. earthquake information is a little harder to come by because of the partial government shut down. the u.s. geological survey is one of the agencies closed until the stalemate ends. >> 85 people are dead after an earthquake struck the philippines. the 7.2 hit around 6:30 our time last night. these are photos of the aftermath. saw a lot of devastation as buildings and roads crumbled there. buildings and officers were closed for the holiday. >> it's good for bart riders. the trains are operating today as contract talks continue. it was 1:00 this morning when the word came. cate caugurian is at cal trans headquarters where the

two sides are still talking. >> reporter: good morning, michelle. a representative did come out and say the two sides are well deep into negotiations. no deal yet. good news with commuters was no bart strike today. as we mentioned with the two sides are still in the middle of their talks. shortly after 1:0 this morning. >> the bargaining has produced constructive and productive progress. and i am authorized by the parties to say they are prepared to continue negotiations through the night. >> wouldn't take any more questions but did stick around to give another bit of good news for commuters. >> at the request of the